The provisions of the bill addressing felony sanctions are the subject of this analysis.  Under the provisions of the bill, certain actions by a health care provider would be added to the list of actions that are considered to have been conducted without a person's consent for purposes of the prosecution of sexual assault.  Under these circumstances sexual assault would be punished as a state jail felony, and the statute of limitations for this offense would be two years from the date the offense was discovered. Sexual assault is punished at multiple felony levels with the punishment level and statute of limitations based on the specific circumstances of the offense.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment, and in addition to confinement, an optional fine not to exceed $10,000.
 
Expanding the list of behaviors for which a penalty can be applied is expected to result in additional demands upon the correctional resources of the counties or of the state due to an increase in the number of people placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 2,497 people were arrested, 269 people were placed under felony community supervision, and 594 people were admitted to state correctional institutions for the offense of sexual assault under current statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.